44., m._~44_?.vv7~.. .s.':zz..::*-‘7 7. l I . — ’ O "I o the *K;n1ghts,yC1yt1zens, at1dr:Btu‘rgefl”es.of the HOfl0U'f% able Hloufele of C Ar Prifflflm I LL V '-; H E‘ Law-maherr of this .World ought; "andn’tis their Glory to imitate tlhefGreat; Law-maker ll(_Ji~_ij_If16aVc5'n and his 2 grea.tAttrihate in which he is,r9. inimi- tated, is Mercy. .(.]';Jdgment ’_flrange.“WbfI<:}_ HIS: Mercy is overall ‘his Works; ‘Ffé ‘pa-r.do"n$" 4tch§?,i'g’,r’<%étel’c ‘Offences, and ftislihis Gloryil‘oitoi»'dlo. in If:':‘r§, ' then: the greater the Oflénce,’ the gifeyaterk‘¢thte Glétfp Writ Where ’hetlfpeal:py~e'a;ans alloy and Gladnefs by Feallings, &c_ djd_ l at thelatne, time grant Rcleafis, Wirnels King Ahafuereer, whichin the year of the World 3485. Reigned from Recorded of him, their when he mm.» aha», Q3-lg-yd. He made a great Fea/t unto all his Prince: and Sewer * ( called Efihers%Eea/t ) and he made a Rcla/e to the ;I- .1 .l'v;t’Ir‘tcje:y,i‘ lGI"fl‘.\', hceording to the State «f¢Z,g lK1r’.g.‘, l publilhed, Dehtor: from all parts ( new that their Cred}; tor: had no Power to detain them) gave in their Name, for Soiildierr, and took the Military O/4-rh, and nmdg ‘great Numéeyr ; nor war the Valour and Inda/Zr)» of any other he/ides the/e more Eminent than their: in the l l the Defence of their Countryagainfl their Enemier, Liv? Dec. 1, Book 11. And in the fame DLC3l(l, am»: Vuxi lt’s {aid the Commons of Rome obtained another begin. ning of Liberty by being dilClmrg’d of yhat Thm,d“Um l which they call’d N€x;Zt5, (a kind of Obligation where. by Perfims that ow’d Money were bound 10 their Credia tors to be their Slaves, and Work wholly for [hm] ti” I i that time forwezrdtj no Perfon fhould‘ he kept in Iran: or Cords, unle/s [och 4; 54;: Committed fame heinous Crime that} defitrrvaol it, mg.-(1 rim: not the Body ofany Dehtor flaould for the future he charg- ahle for ll/Ioneyowing. This all that were at prefeot for the time to come. " are governed hy the Latvsitf Wlahomet, Thcre is no Chap. K otherwifialthan the Devil, thecatafé they i;nhi~,zc¢ thgf w,{,,*_,. ietfthe Summ he never fo great; this was a year of, I Indiaeven‘ to Ethiopia, over an 4.7.7’ Provinces. Its It the Laayrana’ Edit’: of the ,4-violent R0; I mam,‘ who‘, moi} efpécially in time of \Vor, Ciom.l..‘i manded Ihat no Man jhould heep a Roman Citizen in ‘ Bonds or Re/lraint ; and as foon as any fuch Ediét was War for i too, no longer than till he had juflhred the Pumfliment in- flifled hy Law. And that only the Ejtate and Goods, and cnllav’d on that Account were difchargfd, and Provilion made, that none fhould be liable to the like Thraldom VI, 1: fiom the ‘Ufagg of all thofi: Kingdom: which i Toleration of ul'ury,L nor are Mens Bodies Irppr§{m’d i being both forbidden by Zllahomm Alcoron, ‘They which live of Ufiery [hall not rye uggipg ! l l l khaving lmployed yearly many hundreds of ‘Poor; of 4 V Godihath fhid is unlawful. To which are Good, faari'God, P,fa7-fizhe Ufury, left‘ the Anger of God and-his« Prophet aflizil “I Debtor eannyotrpayr A thee, fiay till he can, and give him’ Alms, fir this [hall be better for thee. (85 they never Imprifon Mens Bodies you 5 take only the Principal, andaf for Debt above three Months, except the Creditor main- tain not only the Debtor,.but his ’W'ife, Children and Family, which is never known that any did. ) This Pre- cept Mahomet took from Leviticiu 25. 35. 36, thy Brother be waxen poor, and fallen in decay with thee, then , thou [halt relierve him, yea though he be a Stranger, or is So- journer, that he may live with thee. Tithe thou no’ I of him, or inereafi, but fear thy "Gosl,~that thy Brother may ll‘U€ with thee. i - ‘ ~‘ ‘ VII. Is from the Praélice of our Neighbour Nations. No man is detained in Prilon for Debtabove a year and a day, in which timethe Creditors have Power to {cize and, fell all the Debtorsslillate, ( his Wilbs Dower is ‘ta-9 ‘ ken out for the relief of her and her Children) and the; melt is divided among the Cre<.litors, and the Debtor is_for , tieverefreed from tholé Debts; and if the Debtor has no ‘vilible Eltate, the Creditors are obliged to find‘ him a ‘Maintenance during his years Irnprifonment. IriScotlana' they have a {landing Law, called Ceflio Bonorum, where- byitis provided, That ii any Perfon Indebted be not J able to pay, and be willing to aflign his Ellate towards the l ‘ payment of his iuli Debts, he hath Writs in Courlb to ' I compel his Creditors to accept his Allignment,'and upon ‘Executing and Depofiting the fame with the Clerk in he cannot be arrelled. , VIII. Is, from the impoflibility of ‘Poor Pri/loner: paying ‘their Debts without their Liberty 5 As‘ it is that Men fhould walk after their Legs are cut of, or that they fee af- ter their Eyes are thru{? out. The Delign ofthis Bill is not ‘that Creditors lhould Forgive Debtors their Debts, but that this Honourable Houfe by this their moi} Gracious ' - Ail, may grant the Poor Debtors their Liberty, ( upon parting with their Ellatcs to their Creditors) that (0 they may be in :1 Condition, not only to get Bread for them- i Glutony and Drunkennefs, and {elves and Families, but may alfo do their utrnofi Endea- evours For the future, to get Money honellly to pay what overplus Debts their Ellates will not reach to make up. «Which I-{iid A6}, if our Honourable Parliament pleafe to pafi without a limited Summ,thcy will not only be Feet to the Lame, and Eyes to the Blind, but will be alfo Bread to the Hungry, and Cloathing to the Naked, and will re- : coive the Blefling as fiich from the Great fehosvah. IX. Is, That if the Debtor doth ( bona Fide) give up K into the Ham]; of his full Creditors all his Ejlate, Real and Perfonal, to be equally divided among them, fa far as it will reach, ( which is the true Delign of this Bill) and that he has not made any fraudulent Conveyance: to his Children or Relations, whereby to deceive but Creditors, . but has reeei'v’d Loflés by Trade, Fire, Water, or any other unavoidable Mzfiarriages, and has not been guilty if any tvitious or imrmrral Praéliees, but the Hand of God has fallen on him, let his Debts be newer [52 Great, and his Eflate he never /5 fmall, - he ought in good Conjcience and i Reafon have the Benefit of this mofl G 74130145 fill, do well, or rather [ooner than a man that is in Prtflin that never had Credit for five Pounds in all his way of Trade. To . give one Inllance for all, Sir W. W. (now a Prifoner) a Man which has been ferviceablc in the Common-Wealth, fiat‘ W Court, if he be in Prifon, he is difcharg’d in CourIé,»and ’ freed of future Perfonal Arrelis, for that Debt, and if not -Imprifoned, his Perlbn is in Proteétion of the Law, that l l ,4 l y perifls withthe Wicked. 12 clear Reputation, as rig Morals every way Juli; has, at 5 thiS‘jfi.n'ft‘2'D€bt(lU65‘1?O1Ttfaél‘€d by-Kigg Charla, 11; for r'M8{l5 éndfiother Materialsfor Building Ships, to the Value Jill’. of 30009 l, or 40000 l. Forsmore 5 hashad hisgRealEIiate ", } burnt twice, to the lofs"'iof zcoooil. has loll: byst, . Debts due tiofhim by feveral Perfons, aboyie tioioool. by | reafon ofrhisi Iinprifonment, which otherwife would have beengoodto him. I doubt not but that there are many good Men in like Circumllances with this I-Ioneli Gen- tletnan‘. I mofl humbly leave it to the Conlideration of 1 this Honourable Houfia, 1l:r.lC__ll as theib (giving up what Eltates ghitvev into the Hands iCif,.Iil‘1;€:iI'iiéufi-izcredifqfsj do not much more deferve’ their, Pity‘ and _Co_mpaflioti, W ‘b'°m‘°.“5 h9""’_;i5’3 Piiliifléfi, fbeiCaufel’:-of his lmpri- ,. ‘ lonment being, that_Sweafing his Kinfman.had. Robbed pair of Sbpgs . ittwhach itinrman being In- him of a diéted thereon, upon Evidence given that the Shoes l We“? t3k¢.“r.r£01': 1.\l0fl_,‘I2?}YrIT,1.Ciflt,.Of Gflarnifbi, and being ‘thereon .Ac,guitted,_ htéiuglit his Adtyiioin and obtained. 4 l"dg?”l§‘3;" £9’ 30 h fiamégél ,againfl: the now Prifoner, whbis prefumed to h"ave’Sw_'orn malicioufly againli his °"_V" Klnlfilans in 59955 i9f,hiS héifig Hanged, thatihe. mi_ghtt,have 201.” per annum_,after his;Kinfnians death-be-y being theryeunto Intitiiled in Reverlion. Or; any other. Wherefore we coulntetlas Beafis, and reputed vile, .571 your fight. ”ll4y'Boneicleaszieth. to my_.Shin, and to my Flefl.’-, and I am efiaped ggwifthgthei. Shin of Teeth: H4718 pitty upon'2ne', have pitty flparrme, 0‘ ye Friends, for the Hatt,4'_0f,Gqd hath touched me. But if thCr_e~be any that duh?‘ Coflilcyances, Efiates gpurchafisd with other Mens 1\{Iot_iey_s,_lett'hem*be’éxcepte , out of this molt Gratious A49: by agparticular Provifo, ‘ y Name, And let not the that iU.€V€l1",i_l1ad Credit for 5' l. and yet are Prifoners. I i have’ madeovcr to their Children oriRcl'ations, by firau-5} ‘r I ll Thefbiarethrce'Obje&ions againI’tl~.PaiIing this .A€it,' . that I am obliged to anlvier, Fir/l, That thif is a -very good All, and will relieve many thoufand Families, but there will be many thatiwill perjure themfilwes, as former. ly in the fame cafe fesveral have done to their Deflruéiion. And therefore to avoid Perjury this All ought not to pafi. I 3DfVV.€l'a That many thoufands have Eat and Drunk to \ h b h d I} d themfelves 5 and for that réafon limit; ail Wfillearguhfilgo Ma" ought ‘O E3‘ and Drink 5 for in fome Cafes it is as I lawful to {wear that the T uth E and Drink ,- ( Liberty is nextrto Linfieailt iilie)aii3iii an? .Wl“ be {O Wicked 35 to perjure themlélves, let thcmitalte I l bflldfsthatpunilliment which will be infliéicd by the Great God on fuch Villains hereafier ) the Statute of Quinta Elizab. for their Reward : ( our Graeiozu 12¢,-1,5,. ment may add If they pleafe, a Mark in their Cheek, or any othcr..viIible part of their Body, to {hew to the World that thofe have been the Varlets that have abus’d To good and Charitable an A3) and let not the fear of wicked Mens committing Perjury, hinder our worthy Patriots pafling this Charitable Bill. I hope] may plead with them On the behalf of Poor Itnprifon’d Debtors, as Abraham pleaded with God on the behalf of Sodom. That P€!:3dVcntUre there fhould be but ten Righteous Debtors in all the Prifons in England, would they not pafs this mofi Gracious All for. thefe ten fakes? Thatbe I from thee to do after this manner, to flay the Righteous‘ with the Wicked, and that the Righteous flaould be as the Wxked, rlyar befar from thee, floall not the ywzge of at the Earth do right. And he [aid I will not dejlroy it for tens fake. The Second Objeétion is, That the Parliament ought A WW’, not in good Cinfcicnce nuke an A6? to give away hand? , P .. Jo.'—,..,..._... tv .. is:-::.1:.:*x-3» .x- -«~.- ~a-s- . 2:‘ - . I I i . men: Dehti, heing Money'f lemgthfe Dehtor: out of y it ah; Creditorr.’ lanfwer it is true, they ought not to do it where there is Ability in the Debtors to pay ; but if the A Poor Debtors have not elieéis iwherewith to ‘ pay, what l A - good will it do the Creditors to. keep the Debtors. in Pri- t 3 l , Summsr Coiilider who’: great Advantage has acrew’d t hindnefi {on till they make _Dg'ce of their Bones? for Whenithatg hap- pens’ there is an end; of the Creeditors Revenge. and God ha.tl'.1lillCl he will require their lood fat the Opprellors hands, . for he faith, Vengente it .min_e and I will repay. But thofe that make this Objeétion are millaken. in the P matter, for the Poor lmprifoned Debtors do not Petition the Honourohle Houfi for an A@rito~ give away honeli mens Zldoneyr to entthhi Tlhem to a pay. go what: ehtsi their ,E/later . zijill not, reach, mid nlfo get Breodfi2r'Ithemifoltt2e:i ‘and Fe- rnilt'e:.: Liberty is that which all Nations in all Ages have c,onrten.ded for with the hazard.-oflives and Ellates; he that ' reads the Roman Hyzomm may oibfeirve what.Contentions \ and b1ood.lhed there was for Liberty, till they were dif- charged of that Thraldom call’d Nexm, and after they had got that great Priviledge that their Bodies could not he Im- iptfi/hned their Dehti, how did that Common PVenlth — flourilh, and became the Miltrefiz of the World, the Head of many Nations. And it is“well known by Perfons trading into our Neighbour Nations where mens Perfons arenot Imprifon’d, for Debts, that Creditors do with lefi Charges, and in a ihorter time, get what Debts are due to them than’ they can do here, whereby Law we may Imprifon P ‘ the Debtor; and no man can be ignorant that a Debt may be got which is due from a Peer of the Realm ( whofe Perfon is exempt from Atjrefi) as foon and with as little charge, by a lt‘ gal Procefé, as from any Perfon that Is liable to Arrells, The taking away of a mans Lihergy. for Debt, is worfe in many Caflas . than the takving away - a Life. ( A Prilon is but. a Living ‘Grave. ) ;'L¢{§ of 'L;'l:grry generally ends if! 105 °_f LIFE _5 _and then this Inconveniency happens, no Man will Adminilier to, an Imprifon’d Debtor, by reafon 0fWl‘11Ch mall)’ ‘hou’ fand Pound; due to him from his Debtors are not only 109; [oi his Family, but alfo‘to the tell or his honefl Cte. ll: it was to fuppbrt their Debtor, and ditors, whofe, lntere , to have preferv’d him from a Goal. It may be further Ob‘ Ferved, that the great number of lmprifoivd Debtors are Call into Prifon by Opprellors whohave Mortgttgefia “SW- ;,,,5e,, 0,.3t,,,]gmmr.c on the Poor Prifoners Ellates, byver. me of which they feize on the Ellates Real and Peifdnal of the Debtor (as well as his Perfon) for half the Intrinlick» value, and fornetimes much lefs, to the utter Ruin of him and his Family, and all others that are his honefi Credi- tors. Thouliinds of Examples might be pfodlfcida but I think that needlefis, it being too often profiled In the Eye of the Sun, to" the great Grief and Ruin of many a Fa~ mily.“ , The Third Objeétion againfi pafling this Bill With- out a limited Sumrn is, That there aremany In Pflfi” who have heen great Projeélorr, and have gmlft ‘“ g""“’ U”' dertahings without Foundation: of their omnfttfilcimt to 647- » 7} onto Perfet‘lion their Prqivrqfi /77 1/94‘ (597 l’4""’b""” forc’d to ufe their Mr: and Indujlr] to M1]?! M0fl€)’5 .5)’. per/imzding hone/l men to -lend them great Summs, which they have done to their great Prejildlicei f9" Which "“fl’” I tho/e Projetflrm ought to he punijlied for their Fall}, and 7 that none of the/e Magot-headed People ought to he Incorr- mged. To thisl Anfwer, That thefe Projeélori, let their eoncerns of Debt he never fo great, ought tophave the benefit of this Ad}, they parting with their Ellates to their Creditors, as well as any that are Prifoners for fmall ‘5ilC_3~~7 ‘7 - l I I , V T l 7,. this part of the World by theft: we call 'Projer,‘l‘or.r, thdug" they themfelves and Families have been liU_li],Cl by thei,’ own ProjafZ.r;' as witnefs not only Colamhtzs, but thegreat eff part, if notall of thofe brave men that lirll difcoverl ed bo’t'hAEafl' and*PVefi Indies, that loll their Lives, rui‘ ined their Families ( many of them dying in Prilons for Moneys- they took up to carry on their Undertakings i in the tlirfi difcoveries of thofe Countries whieh now *5 i this time brings the greatell; Revenue to this Crown; be; llides the Advantage of breeding fo many thoufand of Seaémen which are the Bulwark of o,uir,Nation. Thofe t Debts, but, they Humbly Pray, That upm ofligning of ‘ thatdelire to be fully inform’d of the Truth of this, may and gtheir E/late: into their ‘Creditor: hands, they may have read‘ Purchdt, Hochlrrt, Smith, Ace/lo, Logan, Gage, t.he,ir,,Lihertyfo tofiollionf I/161.1‘]42I)fflh"l7Z¢Pl@’me71l.f:t0l get iLin/eaten, 6%, Further, many of thofe who have lent: of his Age, Sir Walter Rawley, wasgneceflitated to part Moneys to thofle Prrijeflors have gotten gréat Eliates them, to the Ruin of the Ingenious Projeflor. If thefe are the Opprellbrs the Prophet Ifdieh ycrys out againll, it’s not my fault, they lmuli anfwer for -it. That great Many witli ah Eliate in Ireland of live tl10lJfiln(llPOUfldS’PL’1l' Annum for fifteen hundred Pounds ready Money for to carry on fonie great Projefl he then had undertaken,‘ which neither he nor any of his Family could lince re-L trieve. I hope no man will call this Ingenious Learned PM-an a Magot-headed Projerflor, whom the whole Spantfli a Nation dreaded, and made it their bulinefs to cut off his ’l Head,which they accomplilhed by the Inter-ell of their Ambaliador Gonndimore with King joiner I. This Ac- count was given Me by the Inhabitants of Tote-hoU_in Ireland, of which Town he was the firlt Mayor, I lhall A 3lf0 mfiflfiofi 55!‘, Hugh Middleton, who brought the Ri-, Ver of W are to London, it being full fixty Miles, conli-if dering all its, turnings and windings; this Man was Worth 2500 l. per /Innum when he began this Projeét, which ‘all men laugh: at. him for, inlhmuch that Ballads were made of him, yet he lived to bring this his Projeél to Perfedtiomthough much oppos’d by the Tankard Bearers, who then were incorporated: It’s truth it ruin’d him in he a great Meafure, but it has made many F amilies, and it's of ineliimable value to the great City of London; many. Men havegreat Ellates in it, and no Lands in England fell better than a {bare in that New River Water. 1 {hall conclude with the Inliance of that Ingenious Man Rohert Murry’, who was the lirfi Inventor of the Penny-Po]l- Ofiee, who had no fooner brought it to Perfeétion, but prefently there was a Law Suite llarted tip againli him for callingit the Penny-Po/I, and by that means taken from him, and he himfelf not made fo much as a Letter a Carrier in the fiiid Oflicc. Others that have brought their Projeéts to Perfedlion, (though through many Op- pofitions and Difhcultics) to the great Advantage of the Publiclt, and alfo to themfelves, if they could enjoy it ;’ l but then thofie that under the notion of Friendlhip have lent the Projefior Monies, confider the great Advantage of the Projeél, will not allow the Projeélor time to raife the Moneys due to them, by letting the Projet9t have its Circulation 5, but the Deoilentring into them, they often throw, the Ingenious Projeélor into Goal, and feize on all A be has, with great Clamour and~Noife fcandalizing ofhim, and fo make themlélves great Ellates by his Ingenuity and Ruin. Icould inllance in many that have been un- done by thefe Opprefliri, of great Purfes and lnterell, but I forbear, left I be tedious to this Honourable Houfe. Many Reafons motel might ufe to prevail on the ‘Honourable Houfe of Commons to pafs this moll Chari- table Adi for the relief of the mollimiferable of the Crea- tion. As from the Revolution of the Times many Per- fons of Quality, Merchants, and other Trades-tnen are -[4] it w bccome Infolvent, haying their Lands and Efieéis and Kingdom} 4.toI 1 687; Printed iorifobn Plattj And‘ n Ireland, and féveral other parts beyond Seas, which by alfo another fmall Book ‘called, A Plea for City Orphans,” o ways not means they can command under the prefent and Prifimers for Debt,~'I-Iumbly offered to this Praiiardént‘ unéture of Affairs, (befides fcveral others who have loii 1690, 4.to. price 6 J. Sold by Obecliah Blngrnruc at the = l they have by Piracy, C9‘c.) which if they could have 1 heir Liberty, might in time ( by Gods-blefling) be able 0 pay all their ju{i.Debts, and have plentiful Eftates left or themfelves and Families, are now in Prifon in England, “tad can, never expeét to get their Liberty, but by this i.. ofi G racioue A62‘. 1 forbear to trouble the Members of the Honourable Houfe of Commons with any more Motives to excite their Charity and Compaflion to diftrefled Pri- foners, but molt humbly requefi thofe worthy Gentle- men that do defire to be further fatisfied in thisPoint, to perufe a Book cialled, An humble Reprefentation upon the perpetual Imprijonment of Injizlwnt Debtors. As being againli the Law of G01. Againil: the mofl Antient Funda- mental Common Law of this Kingdom. Againfl the Rule of'6_'}‘u{lice. Againfl: the Law of Confcience and Chrifiiun C a rity. Againll the Praéiice of other Countries. Againfl Bear. in St. Paul’s Church-yard.\And now, 0 Noble Pa- .triou, Take Councel 5 Execute judgment; make your Sha- dow on the N ight in the midfl of the Noon-tlay ; hide no the Out-cuffs of this Nation; bewray not any of us that wan- der; open the Pri/on Door), let on the poor Out-cofls dwell withyou; be you a coroert to us from the face of the Spoiler; Let Extortion have an end; let the Spoiler ceafe, and let the Oppreflbrs be confumed out of the land, who by reafon of the multitude of their Oppreflions make the 'oppr:fl'eil to cry. Then in Mercy [hall the Throne be E/lablifhed to our Gr2—‘ lcious King and (been, and The] [hell [it upon it in Truth- yulginganzl Speaking ant, and; hafiing Righteofli neflc. 1 {ball now conclu c with a_ lhort Prayer to the Great ffehovah on the ‘behalf of this Ifarliament now’ Aliembled, That none of them, nor their Pofierity, majfall‘ into the Misfortune of a Pr;/‘on. ' ' the‘CreJitori own Profit. T0 the Prejudiceof the King ‘ 9 . _ ’ -+~uuJ RA?Q LCD 9166 Q 1r\L'?’ Rh 1*?“ uuvmtn or unouu - ocuulu ELL SPC RRE RARE KD2166.A7 R4 1690 01 0-007244877